Sleep apnea decisions — 2007

The Board denied increased disability ratings for the veteran's service-connected low back and bilateral knee disabilities, finding that the evidence did not show a marked interference with employment or frequent periods of hospitalization due to these conditions. The TDIU claim was also denied as the combined disability rating did not meet the required threshold.

The Board denied an increased evaluation for lumbosacral strain, finding that the evidence did not support a higher rating based on limitation of motion or associated neurological impairment.

The VA has determined that the veteran's lumbosacral strain with degenerative joint disease and disc disease does not warrant a rating higher than 60 percent, as there is no evidence of ankylosis or significant neurological manifestations during this period.

The Board denied the veteran's claims for service connection for sleep apnea, foot/toenail fungus, an eye disorder, and a prostate disorder. The claim for increased rating for lumbosacral strain was also denied.

The veteran's claims for increased ratings were not supported by evidence within one year of the January 8, 2003 claim.,There is no medical evidence linking the veteran's brain tumor to service or a period following service.

The Board denied the veteran's claims for increased evaluations for lumbosacral strain, finding that the disability did not warrant a rating higher than 20 percent under the applicable VA rating criteria.

The veteran's initial disability ratings for lumbosacral strain and arthritis of the left ankle were denied, with a rating of 20 percent assigned for each condition.

The Board found that the veteran's service-connected lumbosacral strain did not meet the criteria for a rating in excess of 40 percent, as there was no evidence of ankylosis or intervertebral disc syndrome. The current evaluation of 40 percent is appropriate based on the medical evidence.

The Board has determined that the veteran's current lumbosacral spine, bilateral shoulder strain, and bilateral hip strain disabilities are not related to service. The preponderance of evidence is against these claims.

The Board has granted service connection for the degree of aggravation of a lumbosacral herniated nucleus pulposus (HNP) attributable to service-connected lumbar fibromyositis, and increased the rating for lumbar fibromyositis from 10% to 40%. The case is now remanded to determine an appropriate disability rating for HNP based on its aggravation by lumbar fibromyositis.

The veteran's service connection claims for syncopal episodes with hypotension, left internal carotid artery aneurysm, headaches, and bilateral plantar fasciitis were granted. The claim for lower extremity bruising (claimed as spider veins) was denied. An initial higher evaluation of 40 percent was granted for myofacial pain syndrome of the lumbosacral spine with rotational scoliosis, also claimed as radiculopathy.

The Board has denied the veteran's claims for increased evaluation of hypertension and service connection for depression and sleep apnea, both secondary to his service-connected hypertension.

The veteran's service-connected disabilities do not meet the eligibility criteria for financial assistance in acquiring an automobile or other conveyance, nor specially adapted housing or a home adaptation grant.

The Board has denied the veteran's claims for service connection and increased evaluations for his low back disorder, diabetes mellitus, and duodenal ulcer disease. The issues of increased evaluations for diabetes mellitus and duodenal ulcer disease were withdrawn by the veteran during a Travel Board hearing.

The veteran's initial rating for coronary artery disease was granted at 30% effective April 4, 2005. The claim of service connection for sleep apnea secondary to post-traumatic stress disorder is pending and will be remanded. The left knee degenerative joint disease has been rated as 10%. The veteran's higher rating claims for coronary artery disease are denied.

The Board found that the veteran's chronic lumbosacral sprain did not meet or approximate the criteria for a rating in excess of 10 percent prior to September 26, 2003.

The Board denied the veteran's claim for an increased rating of his lumbosacral radiculopathy, finding that he did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the veteran does not have a current disability for any of his claimed conditions, and there is no evidence to support service connection based on exposure in the Gulf War theater.

The Board granted a 40 percent rating for lumbosacral strain, denied increased ratings for left knee strain and residuals of right ankle injury.

The veteran's service-connected disabilities, including degenerative disc disease with a history of recurring lumbosacral strain and left leg neuropathy, are productive of moderate impairment. The veteran is granted a TDIU based on his unemployability due to severe back disability.